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(영문) 대구지방법원 2015.10.23 2015고정1046

근로자퇴직급여보장법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of CJ in Daegu Southern-gu B and fourth level, who is an employer who operates a private teaching institute business employing one full-time employee.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from September 10, 2012 to October 17, 2014 at the foregoing workplace, and had not paid KRW 3,082,880 of D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of complainants against D;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 44 of the Act applicable to facts constituting an offense, and subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;